Construction Contract Claims: Delay, Disruption

Construction Contract Delay and Disruption and Resolutionproject owner contract dispute and resolutionwww.claimsleader.compublic agencies construction contract mediation
Construction Contract Delay and Disruption and Resolution: Claims Leader


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phone+1 (858) 337-4768
fax+1 (775) 218-9253
emailinfo@claimsleader.com
1150 Silverado
La Jolla, CA 92037

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Geographical areas of claims discussed below include Arizona, California, Florida, Idaho, Nevada, New Jersey, New York, Pennsylvania, and Texas. We can work in all 50 states.



  • Building and General Construction
    • General building contractor erecting pre-manufactured operations building and related site work, adjacent to a California freeway and a Marine AFB asserted claims for delays by the state agency.
      • We provided expert scheduling time extension analysis, calculations of delay costs and expert witness in arbitration.
    • General building contractor constructing three Air Force squadron operations headquarters buildings and attendant site work in claims against the Federal government for delay, disruption, deficient design and loss of productivity.
      • We provided document organization and cataloging, a scheduling time extension analysis, expert opinion and expert witness deposition testimony regarding industry standards for conditions precedent to granting of beneficial occupancy and calculation of extended overhead due to the general contractor from a delinquent electrical fixtures supplier.

  • Civil Engineering, Heavy and Highway
    • Roadway and bridge builder asserted claims against a state department of transportation for delays, disruptions and inefficiencies in design and construction management of the state's largest freeway interchange.
      • We provided quarterbacking of claims preparation, strategy and presentation on contract to their attorney firm.
    • Paving and underground civil engineering company building multi-block enlargement of storm water system, relocation of existing utilities and enlarging and widening streets encountered multiple deficient design issues and differing site conditions resulting in significant delays, massive disruptions and loss of productivity.
      • We provide an entire ground-up document search and organization, creation of the as-built CPM schedule, and coordination with the client's attorney in pursuit of the claim.
    • International bridge builder providing steel for a new four-lane span of a famous suspension bridge, encountered design changes resulting in cost increases which the owner was unwilling to negotiate.
      • We provided analysis of contract language, specifications, adequacy of bid documents and strategy for non-litigation resolution under provisions of the contract.
    • Engineering contractor performing work for a water district encountered contract administration misconduct by the public owner in selective post-bid reduction of quantities to zero (followed by selective item-by-item rebidding) to the detriment of the contractor's profits.
      • We provided contract interpretation and strategy assessment on whether to pursue the issue.



  • Public agencies
    • Federal government agency needed defense against a differing site conditions claim by a Prime Contractor in the construction of three bridges in a national park; the seven-figure claim alleged delay impacts and loss of efficiency.
      • We provided claim management and quarterbacking of a team of engineering and scheduling experts in evaluating the validity of the contractor claim, prepared deposition questions and Rule 26 reports in defense of the Federal agency.
    • A city engineering department encountered multiple claims from an underground utilities contractor alleging differing site conditions, deficient specifications and mismanagement by the outside construction manager.
      • We provide analysis of entitlement and contract issues as well as strategy in resolving the issues and preventing a lawsuit.

  • Private developers
    • College apartment developer/owner was delayed by an engineering contractor who failed to diligently pursue work resulting in delays to project completion and consequential loss of rents and tenants and cross-complaint for payment.
      • We provided forensic analysis of alleged delays and a CPM Schedule analysis for apportionment of delays, causation and assessment of impacts to the project schedule and testified at arbitration.
    • Commercial shopping center developer/owner asserted claims for delay, malfeasance, errors and omissions and professional conduct in design and construction of a major area shopping center.
      • We headed a consulting team in providing claims analysis, counter claim preparation, document review, cataloging and analysis, and assistance to attorneys during discovery including preparation of interrogatories and deposition questions.
    • Casino developer/owner encountered materials failures potentially related to deficient specifications, poor installation, or misuse by maintenance personnel. It made claims against the architect, builder and supplier.
      • We provided expert analysis of forensic causes of materials failure and researched and recommended modifications as well as a basis for cost apportionment among the parties.
    • Real estate consortium claims against general partner in a multimillion dollar case involving development of golf and residential properties.
      • We provided expert witness regarding the Role of the Real Estate Developer and Developer Industry Standards of Care and Industry Standards of Compensation.



  • Electrical
    • Electrical prime contractor (multiple prime project) claim against a school district regarding significant design issues, delays, disruption, loss of productivity, multiple mobilizations, consequential labor and materials price increases, added supervision, and extended general conditions
      • We provided the plaintiff with searchable digital project document catalog, claims analysis (both entitlement and quantum), claims writing and forensic team coordination.
    • Electrical subcontractor performing installation of high voltage 12 KVA underground system on an Air Force base encountered differing site conditions and multiple, significant change orders and was paid very late on those change orders and subsequently abandoned the project prompting a six figure countersuit to his six-figure claim against the General Contractor.
      • We provided expert opinion (Rule 26) and expert witness at JAMS arbitration regarding industry standards for conduct of the general contractor's construction project management, analysis of entitlement and financial analysis of impacts to the subcontractor.

  • Mechanical
    • HVAC prime contractor (one of 15 multiple primes) on a state prison project had three contractors to install geothermal well systems to heat/cool prison water. It encountered significant differing site conditions regarding limestone pinnacles affecting the length of casing material.
      • We provided analysis of contract provisions, adequacy of notices and evaluation of entitlement. With this analysis, the contractor was able to pursue the claims on its own.
    • Mechanization subcontractor (integrator of hardware and proprietary software) working at a major US Postal Service airport facility encountered a deficient specification leading to cost overruns and late delivery.
      • We provided onsite turn-around expertise, then quantified the cost impacts and provided expert opinion and case management to obtain compensation.

  • Drywall, plaster and ceiling
    • Drywall and plaster subcontractor working on a high school was delayed by multiple change orders, deficient specifications and general contractor mis-management.
      • We provide analysis of entitlement and strategy consultation.
    • Ceiling and drywall subcontractor working on a ten-story Federal courthouse was delayed and disrupted by late installation of the marble exterior walls resulting in as many as fourteen remobilizations of each floor impacting productivity and general conditions.
      • We provided claims preparation including analysis of entitlement and quantum, then assisted the client's attorney in negotiating with the general contractor for settlement.

  • Excavation and drilling
    • Drilling subcontractor working on freeway bridge pilings encountered deficient geotechnical specification and information and multiple changed conditions requiring a much costlier method of drilling.
      • We provided claims quarterbacking and document preparation for the drilling subcontractor to submit through the General Contractor to the state department of transportation.
    • Excavation contractor working on transit authority subway project encountered environmental contamination and differing site conditions under a lakebed and resultant change to a much costlier excavation method.
      • Through the civil general contractor, on behalf of the excavation subcontractor, we provided case analysis (including issues of hydrology and soils behavior), claims preparation and formal 6-hour presentation including third-party expert witness to a three-person Dispute Review Board.

  • Landscape
    • Landscaping general contractor building a city park for a redevelopment agency encountered delays by inspectors, change orders and non-performing subcontractors leading to late completion and assessment of liquidated damages.
      • We provided assembly of documents, analysis of entitlement, schedule analysis and calculation of quantum for attorney's claim against the redevelopment agency.

  • Controls hardware and software
    • Electrical controls and software provider claims against a California municipal waste water agency regarding delays and deficient specifications for construction of portions of Digester facility in a multiple prime contract
      • We provided expert scheduling time extension analysis, calculation of delay costs and expert witness presentation before internal review boards and a formal mediation.



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